Conditional restitution/Restitution sous condition
13 Archaeological Objects – Italy and Boston Museum of Fine Arts
Between 1971 and 1999, the Boston Museum of Fine Arts acquired a number of ancient archaeological objects. Italy suspected that such antiquities had been excavated clandestinely in Italian territory and illegally exported.
14 Archaeological Objects – Italy and Cleveland Museum of Art
On 19 November 2008, the Italian Ministry for Cultural Assets and Activities and the Cleveland Museum of Art signed an agreement concerning 14 archaeological objects in the museum’s collection. This agreement provides for the return to Italy of the artworks in exchange for loans of “a similar number of works of equal aesthetic and historical significance”.
14 Artworks – Malewicz Heirs and City of Amsterdam
In 2003, 14 artworks by the Russian artist Kazimir Malewicz were exported to the United States by the Stedelijk Museum of Amsterdam to be part of a temporary exhibition at the Guggenheim Museum in New York and the Menil Collection in Houston. Shortly before the end of the loans, the heirs of Malewicz brought an action against the City of Amsterdam seeking to recover the value of the artworks or, in the alternative, the artworks themselves.
15 Archaeological Objects – Italy and Princeton University Art Museum
The Italian Government and the Princeton University Art Museum signed an agreement on 30 October 2007 that resolved the question of ownership of 15 archaeological objects in the Museum’s collection. This accord was the culmination of negotiations that were initiated by the Italian Ministry of Cultural Heritage and Activities following the discovery of substantial evidence demonstrating the illicit provenance of the requested antiquities.
17 Tasmanian Human Remains – Tasmanian Aboriginal Centre and Natural History Museum London
Since the 1980s, the Tasmanian Aboriginal Centre has made several requests to the Londoner Natural History Museum for the return of 17 Aboriginal human remains held in the collection of the Museum. When their dispute was brought to the Londoner High Court, the court’s judge suggested proceeding by mediation. The dispute was ultimately settled by a mediated agreement, which provided for the dismissal of the legal proceedings and for the repatriation of the remains to Tasmania.
Afo-A-Kom – Furman Gallery and Kom people
The Afo-A-Kom is a wooden sculpture sacred to the Kom people, a tribal population of Cameroon. In 1966, it was stolen and subsequently sold to a New York art dealer.
Balangiga Bells – Philippines and United States
The Balangiga Bells were removed in 1901 from the parish church of San Lorenzo de Martir in Balangiga, Eastern Samar, in the Philippines, by soldiers of the United States Armed Forces. The three bells returned to the Philippines in 2018 following the amendment of the law of the United States that originally prevented their return.
Bath of Bathsheba – Italy and Wadsworth Atheneum Museum of Art
The painting “The Bath of Bathsheba”, by Jacopo Zucchi, was looted in 1945 from the Italian Embassy in Berlin, where it was on loan from the Galleria Nazionale d’Arte Antica of Rome. In 1965, it was acquired by the Wadsworth Atheneum Museum of Art.
Die Grosse Seestrasse in Wannsee – X. v. Switzerland
The painting “Die Grosse Seestrasse in Wannsee” was bought in 1948 by François de Diesbach. After de Diesbach’s death, the painting was forgotten within the Swiss embassy. When the Swiss embassy decided to donate the painting to the Liebermann Villa, a distant relative of de Diesbach seized a Swiss court and claimed ownership over the painting. The High Court of the Canton of Bern ultimately held that the Swiss Confederation had acquired ownership over the painting.
Euphronios Krater and Other Archaeological Objects – Italy and Metropolitan Museum of Art
In February 2006, the Italian Ministry for Cultural Heritage and Activities and the Metropolitan Museum of Art (MET) of New York entered into a landmark agreement with which the ownership title to the Euphronios Krater and other archaeological artefacts was transferred to the Italian Government.
G’psgolox Totem Pole – Haisla and Sweden and the Stockholm Museum of Ethnography
In 1927, a totem pole belonging to the Haisla tribe in Canada was stolen and brought to the Stockholm Museum of Ethnography. In 1991, the tribe discovered the location of their totem pole, known as the G’psgolox totem pole, and requested that it be returned. After fifteen years of negotiations, the G’psgolox totem pole was formally returned to the tribe in 2006.
La Bergère – Meyer Heirs and Fred Jones Jr. Museum of Art
Raoul Meyer’s art collection, which included Camille Pissarro’s painting “La bergère rentrant des moutons”, was looted by Nazi troops during the occupation of France in early 1940s. Decades later, Meyer’s daughter and heir, Léone Meyer, discovered the painting at the Fred Jones Jr. Museum of Art at the University of Oklahoma, and initiated a lawsuit in the United States seeking its return. After a three-year litigation, the two sides reached a settlement in 2016. The latter was denounced by Ms. Meyer. Eventually, the lawsuit was dropped and ownership of the painting was transferred to the Fred Jones Jr. Museum of Art.
Lebanese Archives – Lebanon and University of Geneva
In 2010, the University of Geneva sent to Lebanon the archives concerning the excavations conducted at Byblos, an archaeological site located in the northern part of Beirut, by the French archaeologist Maurice Dunand. The University had acquired the archives from Dunand in 1984.
Machu Picchu Collection – Peru and Yale University
Between 1912 and 1916, Hiram Bingham, a history professor at Yale University, shipped to the United States several artefacts that had been excavated at the Machu Picchu site with the authorization of the Peruvian Government. Peru formally requested restitution in 1918 and 1920, but to no avail. In 2001, negotiations between Peru and Yale University resumed. However, the resulting accord discontented the Peruvian Government. As a result, Peru filed suit in the United States against Yale University seeking the return of the collection and damages.
Maori Panels – New Zealand and Ortiz Heirs
In 1972, five rare Maori wooden panels were discovered in a swamp in New Zealand’s North Island. Shortly after the discovery, the panels were illegally exported out of the country by an antiquities dealer and then bought by Swiss collector George Ortiz. In 2014 New Zealand obtained the return of the Maori panels by virtue of an agreement with the heirs of Ortiz.
Marienkirche Window Panels – Germany and Russia, State Hermitage Museum, Pushkin State Museum of Fine Arts
In 1997, 111 panels originally forming a window of the St. Marienkirche (St Mary Church) in Frankfurt-on-the-Oder were located in the Russian State Hermitage Museum. They were brought to Russia by Soviet troops following World War II. In 2001, after difficult negotiations, Russia agreed to return the panels to Germany. In exchange, the German Government offered to finance the reconstruction of the Russian Orthodox Church of the Dormition of the Mother of God located near Novgorod. A second group of 6 panels found in 2005 in the Pushkin State Museum of Fine Arts was returned to Germany in 2008.
Masque Makondé – Tanzanie et Musée Barbier-Mueller
En 2010, le Musée Barbier-Mueller fait don du Masque Makondé à la Tanzanie, et met ainsi fin à un litige qui aura duré plus de 20 ans. Le litige fut porté devant le Comité intergouvernemental de l’UNESCO. L’Office fédéral suisse de la culture (OFC) est aussi intervenu.
Morgantina Goddess Statue – Italy and J. Paul Getty Museum
An ancient statue of a goddess, which was likely illegally excavated in the late 1970s in Italy, was purchased by the J. Paul Getty Museum in 1988 for a record-setting US$18 million. That same year, Italian authorities began an investigation at the conclusion of which the Getty Museum agreed to consider returning the statue to Italy.
Nataraja Idol – India and the Norton Simon Foundation
In 1956, an ancient bronze statue of the Lord Siva (Lord of the Cosmic Dance or Sivapuram Nataraja) was removed from a temple in India for restoration purposes, subsequently held by an Indian private collector and ultimately sent to the United States with false export documents. In 1973, the Nataraja idol was sold by a New York dealer to the Norton Simon Foundation.
One-Thousand-Five-Hundred-Pound, Hand-Carved Lintels Removed from Religious Temples in Thailand – United States of America and City & County of San Francisco
In 2017, the government of Thailand formally requested that the United States restitute two ancient stone lintels of Khmer origin that had been removed from Thai temples between 1959–1968 and acquired by the Asian Art Museum in San Francisco. From 2017 to 2020, the United States and Thailand negotiated with the Museum for the restitution of the lintels, but in October 2020, the United States sued the Museum in federal court to seek their forfeiture. In February 2021, the Museum and the United States settled the case for a conditional restitution of the lintels to Thailand.
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